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Landlord hasn't discussed or returned deposit almost 2 weeks after vacating property.

Stakkertoo
Stakkertoo Posts: 89
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edited 22 May 2017 at 12:49PM in House buying, renting & selling
In 2014 I moved into a 3 bedroom house share that had been continuously let for the best part of 10 years. It was already in a fairly dilapidated state but the room was large and perfect for my needs so I moved in and did what I could to improve the space. I paid my share of the deposit to the outgoing tenant and lived there for the last 2.5yrs.

Over the period housemates have come and go and I became the lead tenant and contact for the landlord.

Over the same period the landlord has increased the rent 3 times (the month before I moved in it was £1200pcm, and was increased to £1500, then six months later to £1650, then one year later increased to £1750 and on the most recent occasion when the tenancy was up for renewal, the suggested increase was so ludicrous that we decided to end the tenancy. (He wanted £2150, without so much as setting foot in the house in the best part of a decade, let alone improving it)

The flat was in an extremely tired state having not been decorated since the landlord purchased it over 10-15 years ago. It would need a new bathroom and kitchen, and completely redecorated, carpets etc to be anything like the asking price he was suggesting.
In the time I've been there we've improved the flat and fixed issues that bothered us. Broken bath-panels, repaired kitchen cupboards, missing door handles, resealed the bath etc.

The landlord has a habit of going AWOL when important discussions come up but now I've left the property and am waiting for our deposit, I've not heard from him in over 2 weeks.

One of the landlord's associates came over with an estate agent to inspect the house when I handed over the keys. They seemed pleasant and said they were basically wondering whether to sell or to renovate, redecorate and re-let it.

No inventory or inspections took place when I or any other tenancy agreements were signed between 2014 and today.

A few weeks ago I found an inventory taken in 2011 which shows the flat was already in a horrible state 6 years ago, seriously some of the photos look like it's just been ransacked by burglars, it was a joke. So i'm happy that we left it in a far, far better state, cleaned and empty etc. so I would be extremely disappointed to see any deductions.

The agent who is handling the tenancy deposit scheme is happy that we have shown copies of all the final bills etc, so is just waiting on the landlord, but she says she's not yet heard from the landlord despite chasing him. Which i find hard to believe.

What can we do to move this forward?
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Contact the scheme holding the deposit and claim it back?
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    Do you have contact details for the landlord? Chase him yourself - by phone if possible (since he's then forced to give an answer). Make sure to be polite, and go with "the TDS are just waiting for your OK to release the deposit", rather than immediately justifying why there should be no deductions (since there's no point being defensive against his incompetence, unless he's actually planning to make deductions).
  • Stakkertoo
    Stakkertoo Posts: 89
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    I have never spoken to him myself, but I will contact his assistant, and ask the above.

    I'm sure I'll be told he is on one of his holidays. :(
  • Pixie5740
    Pixie5740 Posts: 14,515
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    edited 22 May 2017 at 1:07PM
    Stakkertoo wrote: »
    In 2014 I moved into a 3 bedroom house share that had been continuously let for the best part of 10 years. It was already in a fairly dilapidated state but the room was large and perfect for my needs so I moved in and did what I could to improve the space. I paid my share of the deposit to the outgoing tenant and lived there for the last 2.5yrs.

    [Strike]Over the period housemates have come and go and I became the lead tenant and contact for the landlord.

    Over the same period the landlord has increased the rent 3 times (the month before I moved in it was £1200pcm, and was increased to £1500, then six months later to £1650, then one year later increased to £1750 and on the most recent occasion when the tenancy was up for renewal, the suggested increase was so ludicrous that we decided to end the tenancy. (He wanted £2150, without so much as setting foot in the house in the best part of a decade, let alone improving it)

    The flat was in an extremely tired state having not been decorated since the landlord purchased it over 10-15 years ago. It would need a new bathroom and kitchen, and completely redecorated, carpets etc to be anything like the asking price he was suggesting.
    In the time I've been there we've improved the flat and fixed issues that bothered us. Broken bath-panels, repaired kitchen cupboards, missing door handles, resealed the bath etc.

    The landlord has a habit of going AWOL when important discussions come up but now I've left the property and am waiting for our deposit, I've not heard from him in over 2 weeks.

    One of the landlord's associates came over with an estate agent to inspect the house when I handed over the keys. They seemed pleasant and said they were basically wondering whether to sell or to renovate, redecorate and re-let it.

    No inventory or inspections took place when I or any other tenancy agreements were signed between 2014 and today.

    A few weeks ago I found an inventory taken in 2011 which shows the flat was already in a horrible state 6 years ago, seriously some of the photos look like it's just been ransacked by burglars, it was a joke. So i'm happy that we left it in a far, far better state, cleaned and empty etc. so I would be extremely disappointed to see any deductions.

    The agent who is handling the tenancy deposit scheme is happy that we have shown copies of all the final bills etc[/STRIKE], so is just waiting on the landlord, but she says she's not yet heard from the landlord despite chasing him. Which i find hard to believe.

    What can we do to move this forward?

    Why do you find it difficult to believe that the letting agent has not heard from the landlord? Who protected your deposit? The letting agent or the landlord? In fact, it was neither because you paid your deposit to the outgoing tenant.

    Which scheme is the deposit registered with? Under whose name is it registered? Yours or some other tenant who left years ago?
  • Stakkertoo
    Stakkertoo Posts: 89
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    I find it hard to believe because the guy runs a business yet disappears whenever we have anything pressing to discuss.
    It's been almost 2 weeks.

    We paid into the 'mydesposits' scheme via the agent and it's definitely lodged under the most recent tenant's names.

    Thanks for your advice. :)
  • Pixie5740
    Pixie5740 Posts: 14,515
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    Stakkertoo wrote: »
    We paid into the 'mydesposits' scheme via the agent and it's definitely lodged under the most recent tenant's names.

    Yet in your OP you said that you paid your deposit money to the outgoing tenant, so which is it? Did you pay your money to the outgoing tenant or the landlord/letting agent?
  • Stakkertoo
    Stakkertoo Posts: 89
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    Pixie5740 wrote: »
    Yet in your OP you said that you paid your deposit money to the outgoing tenant, so which is it? Did you pay your money to the outgoing tenant or the landlord/letting agent?

    When the previous lead tenant left, and we signed a new tenancy agreement and the agent was then involved to handled the admin.

    I paid the previous tenant, and my name was added to the TDS. This has been updated with each subsequent change of tenant. :) All three of the most recent tenants are registered as having the deposit with MyDeposits.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    If it's registered with TDS then raise a claim with TDS. That will either gee the landlord into action or if he doesn't respond the deposit will be returned to you.

    See G_M's guide to Deposits: payment, protection and return for further information.
  • saajan_12
    saajan_12 Posts: 3,594
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    Stakkertoo wrote: »
    In 2014 I moved into a 3 bedroom house share that had been continuously let for the best part of 10 years. .. I paid my share of the deposit to the outgoing tenant and lived there for the last 2.5yrs.

    What was signed when you began living there? Legally, either
    1) a previous tenant is subletting to you and they should pay back your deposit, nothing to do with the LL; or
    2) the tenancy was assigned to you via a deed. effectively you step into the shoes of the old tenant, and are bound by the inventory at the start of their tenancy; or
    3) A new tenancy was created. However you haven't paid the LL a deposit..
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    Pixie5740 wrote: »
    Yet in your OP you said that you paid your deposit money to the outgoing tenant, so which is it? Did you pay your money to the outgoing tenant or the landlord/letting agent?

    This is reasonably standard for a change in a single tenant in a houseshare - you pay to the outgoing tenant, they confirm to the TDS that you have done so, the TDS changes the name on the scheme, the landlord pays you back when the overall tenancy ends (or the new tenant pays you if you get replaced). By doing so you're effectively agreeing to take on responsibility for any damage during the previous tenant's stay, but so long as you're happy with that then it's a smooth way to do it.
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